Posted on: 11th Dec, 2009 09:03 am
i'm seeking help for a good friend who's in the midst of a long and winding struggler with her ex-husband. in their divorce, he was awarded the house. she agreed to sign over rights (quick claim deed) once he assumed the mortgage responsibility. their divorce was final april 2008. since that time there have been numerous court appearances.
the husband is now in default of the mortgage, and because he procrastinated about assuming the loan my friend is being drug down with him. she has a home of her own now (with her own mortgage) and has recently been served with summons for their marital residence. it so aggravating to see her dragged down with him because of his negligence. she's been fighting in court since august of 2008 to have him refinance or assume the loan so that she was no longer on the mortgage for the marital residence.
what are her options- if any? what can be done at this point to keep her from losing everything?
the husband is now in default of the mortgage, and because he procrastinated about assuming the loan my friend is being drug down with him. she has a home of her own now (with her own mortgage) and has recently been served with summons for their marital residence. it so aggravating to see her dragged down with him because of his negligence. she's been fighting in court since august of 2008 to have him refinance or assume the loan so that she was no longer on the mortgage for the marital residence.
what are her options- if any? what can be done at this point to keep her from losing everything?
everything? i doubt the lender on the first home will try to capture her current home. that doesn't make the situation any sweeter i'm sure, but at least it's a modicum of relief, i'd think.
nobody should ever provide a quit claim deed to a divorcing spouse without a concurrent refinance taking place, unless they don't care about the existing mortgage being taken out. that should have been adjudicated in the divorce court, and the lawyer(s) involved should have ensured that a refinance would have taken place so that a quit claim deed could be prepared and delivered to her former husband.
this happens all too often. it's astonishing what takes place. and i know that's no solution to her problem, but hopefully someone else will take note and learn from her mistakes and misfortune.
nobody should ever provide a quit claim deed to a divorcing spouse without a concurrent refinance taking place, unless they don't care about the existing mortgage being taken out. that should have been adjudicated in the divorce court, and the lawyer(s) involved should have ensured that a refinance would have taken place so that a quit claim deed could be prepared and delivered to her former husband.
this happens all too often. it's astonishing what takes place. and i know that's no solution to her problem, but hopefully someone else will take note and learn from her mistakes and misfortune.
>>nobody should ever provide a quit claim deed to a divorcing spouse without a concurrent refinance taking place
Agreed. For the life of me, I don't understand why Divorce Attorney's don't throughly explain that concept to their clients, and ascertain that process happens properly.
Agreed. For the life of me, I don't understand why Divorce Attorney's don't throughly explain that concept to their clients, and ascertain that process happens properly.
regrettably, some people go out and hire lawyers based on their fee structures rather than their expertise. i'm not advocating paying top dollar for every legal transaction, but occasionally you do, indeed, get what you pay for.